TRENTON — The school board has asked the state commissioner of education to remove school board President Patrice Daley from her post, saying the possibility she may sue the district over an injury to her son is a conflict of interest.

The decision came in the form of a vote that followed a lengthy closed door session late Monday night.

Four members — Denise Millington, Jason Redd, Jane Rosenbaum and Gerald Truehart II — voted in favor of the measure, while only board member Mary Taylor Hayes voted against it. Both Roslyn Council, who joined the board at the same time as Daley, and new member Peter Heredia abstained.

Daley left the meeting before the vote and board member Sasa Olessi Montano was absent.

Daley’s son Christopher was hurt at Hedgepeth-Williams School Jan. 29 when he was hit in the head by a window opened by a female student, according to a Daley’s notice of tort claim, which reserves her right to sue the district.

She contends her son has blurred vision, headaches and decreased motor skills as a result of the injury and the follow-up care by a school nurse. The nurse sent him back to class twice, even though his head was bleeding. After school Patrice Daley learned of the injury and brought the boy to St. Francis Medical Center where he was treated for a concussion, the notice said.

The notice was filed with the district on April 28 — less than a month after Daley was voted in as the new board president on May 16.

Daley has not yet filed a lawsuit with the Mercer County Superior Court, according to court records.

Daley did not return a message requesting comment about the vote Wednesday. Several board members also did not respond to requests for comment.

Mike Yaple, a spokesman for the state Department of Education, said he could not comment about the case specifically, but said generally when there is an alleged conflict of interest, with a board member lawsuit, a person would need to file a petition with the commissioner of education.

An judge with the state Office of Administrative Law would hear the case and then issue a recommendation to the commissioner, who would then accept, reject or modify the recommendation.

The commissioner of education has decided in similar cases that if a board member has a lawsuit that can provide a personal, financial benefit to that member, the elected official must give up the legal claim or leave the board.